OSHA Issues Fines for Fatal Building Collapse in Philadelphia
November 27, 2013 —
CDJ STAFFThe Occupational Safety and Health Administration has issued $400,000 in fines to two contactors who were involved with the collapse of a building in Philadelphia. Six people died and 14 more were injured in an adjacent building. OSHA concluded that the two firms, Campbell Construction and S&R Contracting, violated workplace safety regulations 12 times in their demolition of the building.
According to OSHA, Campbell Construction removed structural supports and portions of the lower floors of the building while upper stories were still being demolished. Both firms failed to provide its workers with fall protection equipment.
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Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.
March 01, 2012 —
CDJ STAFFSacramento, CA — Bert L. Howe and Associates, Inc., is pleased to announce that Mark Van Wonterghem - General Contractor, has joined the firm as Senior Forensic Consultant. Mark will be responsible for leading the firm’s expansion in the newly formed Sacramento headquarters.
His focus will continue to be working with construction practice groups and claims professionals in the Sacramento and Bay Area markets. He will utilize the resources of the Construction Experts Group at Bert L. Howe & Associates in furthering the litigation support needs attendant to the firm’s Northern California clientele.
Mr. Van Wonterghem possesses extensive consulting and testimony experience. Through 32 years of experience in the construction industry he leverages extensive practical experience with multiple trades including concrete foundations, walls and flatwork, structural wood and steel framing, finish carpentry, drywall, lath & plaster/stucco, window & door installations, deck coating systems, metal and membrane flashings and above/below grade waterproofing. This trade experience encompasses both the commercial and residential construction sectors and has been vital in his ability to provide concise explanation of construction industry standards, as well as trade-specific standards of care.
Mr. Van Wonterghem has broad experience with all types of building construction ranging from concrete and steel commercial construction to high-end custom residential construction.
In connection with the Construction Experts Group at BHA, Mr. Van Wonterghem provides construction consulting and litigation support services to a wide variety of recognized construction claims professionals, owners, and publicly traded builders.
The firm’s Sacramento offices are located at the Gateway Oaks III office complex, 2520 Venture Oaks Way, Suite 435, Sacramento, CA 95833. Mr. Van Wonterghem can be reached via e mail at mvanwonterghem@berthowe.com or at (800) 783-1822.
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My Construction Law Wish List
December 31, 2014 —
Garret Murai – California Construction Law BlogI’ve been good this year.
Not great mind you, but good, and good is the standard, right?
So, here’s my construction law wish list this holiday season:
1.More Transparency. So much uncertainty and resultant litigation exists for the simple reason that contractors and subs don’t know when a higher tiered contractor or owner (on a lender financed project) has been paid for their work. So how about a requirement that owners, contractors and subcontractors of all tiers be required to disclose when payment applications are submitted, when payments are made and in what amount, and what pay applications have been paid. And because I’m pretty sure I’m at least within the 20th percentile of “good” this year how about a requirement that this information be provided through an online database accessible by all persons working on projects valued at over a certain dollar amount, say $500,000.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
White and Williams Earns National "Best Law Firm" Rankings from US News
November 02, 2017 —
White and Williams LLPWhite and Williams has achieved national recognition from US News and World Report as a "Best Law Firm" in the practice areas of Insurance Law and Media Law. Our Philadelphia, Boston, and New York offices have also been recognized in their respective metropolitan regions in several practice areas. Firms included in the “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal experience.
National Tier 1
Insurance Law
National Tier 3
Media Law
Metropolitan Tier 1
Boston
Insurance Law
Product Liability Litigation - Defendants
Philadelphia
Personal Injury Litigation - Defendants
Real Estate Law
Tax Law
Metropolitan Tier 2
Philadelphia
Appellate Practice
Commercial Litigation
Construction Law
First Amendment Law
Insurance Law
Legal Malpractice Law- Defendants
Media Law
Trust & Estates Law
Metropolitan Tier 3
New York City
Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law
Philadelphia
Patent Law
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Mind The Appeal Or: A Lesson From Auto-Owners Insurance Co. V. Bolt Factory Lofts Owners Association, Inc. On Timing Insurance Bad Faith And Declaratory Judgment Insurance Claims Following A Nunn-Agreement
August 06, 2019 —
Jean Meyer - Colorado Construction LitigationOn May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners Insurance Co. v. Bolt Factory Lofts Owners Association, Inc.[1] on the importance of ripeness in declaratory judgment insurance actions and bad faith counterclaims. The case arrived in front of Judge Jackson based on the following fact pattern.
A homeowner association (Bolt Factory Lofts Owners Association, Inc.) (“Association”) brought construction defect claims against a variety of prime contractors and those contractors subsequently brought third-party construction defect claims against subcontractors. One of the prime contractors assigned their claims against a subcontractor by the name Sierra Glass Co., Inc. (“Sierra”) to the Association and all the other claims between all the parties settled. On the eve of trial involving only the Association’s assigned claims against Sierra, the Association made a settlement demand on Sierra for $1.9 million. Sierra asked its insurance carrier, Auto-Owners Insurance, Co. (“AOIC”), which had been defending Sierra under a reservation of rights letter, to settle the case for that amount, but AOIC refused. This prompted Sierra to enter into a “Nunn-Agreement” with the Association whereby the case would proceed to trial, Sierra would refrain from offering a defense at trial, the Association would not pursue any recovery against Sierra for the judgment, and Sierra would assign any insurance bad faith claims it may have had against AOIC to the Association. (“Nunn-Agreement”)
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Jean Meyer, Higgins, Hopkins, McLain & Roswell, LLCMr. Meyer may be contacted at
meyer@hhmrlaw.com
Court Upholds Denial of Collapse Coverage Where Building Still Stands
October 02, 2018 —
Tred R. Eyerly - Insurance Law HawaiiThe Michigan Court of Appeals affirmed the trial court's decision finding the policy's collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018).
The insured operated a truck repair business. In June 2016, the insured's place of business sustained damage due to failure of several trusses providing structural support to the building's roof. The failure was due to latent construction defects leading to an insufficient load bearing capacity. The roof began to sag while one of the walls bulged outward due to the sudden pressure overload. The insured hired a construction firm to install temporary shoring to support the roof and prevent further damage. All of the building's walls remained standing and, although the roof sagged, it also remained intact. However, the building could not be safely occupied until repairs were completed.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
As Single-Family Homes Get Larger, Lots Get Smaller
September 03, 2014 —
Beverley BevenFlorez-CDJ STAFFThe National Association of Home Builders’ (NAHB) Eye on Housing demonstrated that though the “single-family homes have been generally getting larger,” the average lot size has decreased over the years.
For instance, from 1992-1995, “[t]he median lot size of a new single-family detached home sold was an even 10,000 square feet.” However, by 2004, lot size had decreased to 8,833 square feet. It bounced up to 9,000 and then came down again. In 2013, median lot size was 8,720 square feet.
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Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt
July 30, 2014 —
Jennifer Parker – BloombergOne57 might just be the hottest -- or at least the most expensive -- address in New York City.
The $375 million skyscraper currently piercing its blue-glass presence into Manhattan's midtown skyline is home not only to 94 private condos (two of which have already sold for $90 million); it also hosts a brand new Park Hyatt hotel, which opens this August.
Eight years in the making, this Hyatt is the first ultra-luxury hotel New York has seen since the Mandarin Oriental opened in 2003. It's intended to be a New York icon. So, naturally, Hyatt hired two Canadian guys to design it.
Meet George Yabu and Glenn Pushelberg, the dynamic couple who met as college students in Toronto in 1972, and decided to launch design firm YabuPushelberg. Now, they're earning millions per project to design luxury hotels, restaurants, and residences all over the world.
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Jennifer Parker, Bloomberg